With regard to the Section 21 accelerated process, I would be grateful for any views you have on the following:
- If an old version of the “How to Rent” booklet was given to the tenant at the outset, would this, if picked up on, invalidate the Section 21 Notice. This concerns the 31st May 2019 version being given when it really should have been that with very slight amendments as published only a few days later on the 3rd June 2019, albeit erroneously still dated May 2019.
2.Furthermore, it seems probable that a deposit was protected with one scheme at the outset of the tenancy within 30 days, and probable that prescribed information was given, but there is no evidence of the latter. On that basis, no doubt the tenant could defend the proceedings. Subsequently, due to a change of agency, the deposit was moved from one scheme to another scheme, that is to DPS. My understanding is that new prescribed information would then have to have been given to the tenant? Would it be a requirement that the deposit received by the new agent would have to be protected within 30 days of receipt, and once more that prescribed information would have to be given within 30 days of their receipt of this? If this was the case and done correctly, would this negate any difficulty from not being able to prove what happened originally at the outset of the tenancy in 2019 with regard to prescribed information?